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Uninsured Driver Crash

Motor27
Motor27 Posts: 6 Forumite
edited 8 January 2019 at 2:43PM in Motoring
- I have a dashcam but as I'm a "new user", I can't post a link to the footage

- I was driving down a road with parked cars either side, had no passing places on my left
- Car coming the other way steered in to a passing place on his left but quickly abandoned that idea and drove through a narrow gap between me and a car parked on my right (I was as close as possible to the car parked on my left)
- I knew the gap wasn't wide enough, beeped at him and my car was stationary by the time he clipped my wing mirror - damage is cosmetic only, no parts came off the car
- He failed to stop, so I reported him to the police. His number plate does not show as insured on AskMID, nor can the tool on gov.uk find the plate (for MOT / Tax)
- I have an uninsured driver promise where my excess is refunded and I keep my NCD if it's completely his fault, but I'll still have to inform future insurers about the accident and whether I made a claim on my insurance policy
- I'm U20 so my premiums are already through the roof, making a claim (even for < £100) on my own insurance might cost me loads in future premiums - as there's likely no other insurance policy to claim on, this seems the only option for reimbursement

Please help with details on if this was definitely completely his fault, and whether it's worth claiming for. As I've reported it to the police already, I'm gonna inform my insurers regardless of if I make a claim (will make it clear to them it's for information purposes only and they are not to pay any claim made against me under any circumstances)
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Comments

  • I would say it was his fault, you stopped, he didn't and damaged your car. How much would the repairs be if you didn't go through insurance?

    I understand where you're coming from as I'm u25! I would say that you are in the right, if it doesn't affect your NCD then you're future premiums should be ok. You have the footage of you clearly beeping as a warning, him abandoning the idea of stopping and then after damaging your car, driving off! I would go ahead with the claim, as long as your insurer will keep the NCD!!!
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 16,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the damage is cosmetic, don't bother claiming. A claim will probably cost you more in future premiums than a notified accident with no claim. A bit of polishing or touching-up will probably make it look as good as new.

    Back-up that footage. Once tracked down, if the other party disputes liability you will need it to show that you were stationary and sensibly positioned at the time of the accident. It sounds as if you're in the clear but for future reference, you cannot force your insurer "not to pay any claim any claim against you under any circumstances". If they believe you are partially or fully at fault they will settle, without your permission. Those are the terms you agreed to when you took out the policy.
  • Motor27
    Motor27 Posts: 6 Forumite
    I meant that I would make it clear I was not admitting fault and that I think it was completely his fault therefore no claims should be made against my policy for that reason
  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 8 January 2019 at 3:20PM
    Motor27 wrote: »
    I meant that I would make it clear I was not admitting fault and that I think it was completely his fault therefore no claims should be made against my policy for that reason

    Even non fault claims can cost you dearly. NCD is a no claim discount. It is not a no blame discount.

    Sorry but in these circumstances your premium is likely to rise as a result of informing your insurer
    I am not a cat (But my friend is)
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 16,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Motor27 wrote: »
    I meant that I would make it clear I was not admitting fault and that I think it was completely his fault therefore no claims should be made against my policy for that reason
    It doesn't work that way. If your insurer deems you to be partially or totally at fault in an accident, they will pay out if a claim is made. They won't wait for your consent.
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    He will have to inform insurer anyway as the police have logged it - get a quote for the repair and if its lots of hundreds then claim, if you can repair cheaply then do that.
  • Motor27
    Motor27 Posts: 6 Forumite
    If the police find he's insured, I will claim on his insurance.

    If he isn't, I'll be claiming on my own policy and my NCD will be unaffected as he's uninsured (Directline promise this). On future premiums, as I have to declare the accident anyway, will it make much difference to the cost if I claim (even if the cost is ~£100)? Or, alternatively, as I have motor legal protection can I recover the cost from him directly even if I'm insured fully comp?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Motor27 wrote: »
    - I have a dashcam but as I'm a "new user", I can't post a link to the footage
    If you want to just post the link without the http:// in front and we'll do the rest.
  • wgl2014
    wgl2014 Posts: 1,144 Forumite
    How much damage to the mirror? As annoying as it is I would suggest just fixing it yourself if it is minor/ cheap.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 16,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Motor27 wrote: »
    If the police find he's insured, I will claim on his insurance.

    If he isn't, I'll be claiming on my own policy and my NCD will be unaffected as he's uninsured (Directline promise this). On future premiums, as I have to declare the accident anyway, will it make much difference to the cost if I claim (even if the cost is ~£100)? Or, alternatively, as I have motor legal protection can I recover the cost from him directly even if I'm insured fully comp?
    I really wouldn't put yourself through the hassle for what you describe as "cosmetic damage". Any claim - on his policy or yours - will go on your record and you'll have to declare it for 3-5 years. Yes your NCD may be protected but that won't stop your premiums rising as a result. (You may see a net reduction in your premium next year with another year's NCD but the underlying premium is likely to rise.)

    What is this cosmetic damage and how old/scruffy is the car? Is it brand new and you want to keep it pristine? If not, you can leave it and live with it, or effect a cheap touch-up remedy.
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